Dean Dental Limited v Management & another [2025] KEBPRT 312 (KLR)

Dean Dental Limited v Management & another (Tribunal Case E480 of 2025) [2025] KEBPRT 312 (KLR) (12 June 2025) (Ruling)

Neutral citation: [2025] KEBPRT 312 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E480 of 2025

CN Mugambi, Chair

June 12, 2025

Between

Dean Dental Limited

Applicant

and

Garden City Mall Management

1st Respondent

Fisra Auctioneers

2nd Respondent

Ruling

1. The Tenant’s notice of motion dated 5. 05. 2025 seeks orders restraining the Respondents from in any way interfering with the Respondent’s operations, interfering with the electricity and water supply and levying distress for rent against the Applicant.

2. The Tenant in its affidavit in support of the Application sworn by Mr. Eric Mwaniki has admitted to being in rent arrears and seeks to be allowed to liquidate the said arrears in monthly installments of Kshs. 400,000/= per month.

3. The Applicant in its grounds on which the Application is brought has stated that as at 5. 05. 2025, it was in rent arrears amounting to Kshs. 1,369,539. 87/= and an additional Kshs. 257,220. 84/=.

4. The Applicant has deponed in its affidavit that it has not withheld the rent maliciously but as a result of the harsh economic times it has paid itself in.

5. The 1st Respondent/Landlord has opposed the Application and has filed a replying affidavit sworn by Ms. Karen Tito on 13. 5.2025.

6. In its affidavit, the Landlord has deponed that the Tenant owes service charges in the sum of Kshs. 267,049. 94/= while the amount due as rent in arrears is USD 16,682. 48 as confirmed by the Tenant.

7. The Landlord has further deponed in its affidavit that it has already rejected the Tenant’s offer of payment in installments of Kshs. 400,000/= per month in favour of a one off payment.

Analysis and determination 8. The only issue that arises for determination is whether the Tenant is entitled to the orders sought in its Application.

9. It is commonly agreed that the Tenant is in rent arrears and has also not paid for electricity and service charge.

10. I have perused the affidavit in support of the Application and I am unable to see any demonstration of any hardship on the part of the Tenant. The Tenant is clearly in huge arrears of rent. In this case, I do not think the Tenant is deserving of the orders sought in its Application. In the case of; Samuel Kipkorir Ng’eno & Another vs Local Authorities Pension Trust (Registered Trustees) & Another [2013] eKLR, the court held as follows;-“The temporary injunction sought in the present application is an equitable remedy at the court’s discretion. He who comes to equity must come with clean hands. A Tenant who is in huge arrears of rent is undeserving of the court’s discretion. The court cannot be the refuge of a tenant who fails to meet his principal obligation of paying rent as and when it becomes due.”

11. Consequently, I do not find any merits in the Tenant’s Application dated 5. 05. 2025 and the same is dismissed with costs to the Respondents.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 12TH DAY OF JUNE, 2025HON. CYPRIAN MUGAMBI - CHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Ms. Wanjira for the Tenant and Mr. Njau for the Landlord